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2000-23934 RESO RESOLUTION NO. 2000-23934 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SUPPORTING MIAMI-DADE COUNTY COMMISSIONER BRUNO A. BARREIRO'S PROPOSED AMENDMENT TO THE MIAMI- DADE COUNTY ROADWAY IMPACT FEE ORDINANCE WHICH WILL EXPAND THE ALLOWABLE USES OF ROADWAY IMPACT FEES FOR IMPROVEMENTS TO ROADS WITHIN MIAMI-DADE COUNTY, INCLUDING THE CITY OF MIAMI BEACH. WHEREAS, Miami-Dade County Commissioner Bruno A. Barreiro is sponsoring an amendment to the Miami-Dade County Roadway Impact Fee Ordinance ("County Roadway Ordinance") which will expand the allowable uses of roadway impact fees for improvements to local roads in any benefit district within Miami-Dade County after funding for all programmed arterial and collector capacity needs are identified and encumbered; and WHEREAS, said amendment to the County Roadway Ordinance would also allow for the inclusion of certain roadway elements to be considered roadway capacity improvements when undertaken as components of a complete roadway project; and WHEREAS, said proposed amendment to the County Roadway Ordinance is scheduled for consideration on first reading before the Miami-Dade County Commission on May 23, 2000; and WHEREAS, the Miami Beach City Commission deems it in the best interests of the City of Miami Beach ("City") to support the proposed amendment to the County Roadway Ordinance in that it will permit the City to use the funds for improvements to our local roadways, in addition to arterial and collector roads, and will expand the nature of improvements which are permitted to be funded with road impact fees. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the proposed amendment to the Miami-Dade County Roadway Impact Fee Ordinance sponsored by Miami-Dade County Commissioner Bruno A. Barreiro is hereby supported. day of May .2000. PASSED and ADOPTED THIS 24th 1M MA YOR ATTEST: ~f~lw~. ~U{k CITY CLERK F:IA TTOITURN\RESOSIROADIMP2.FEE APPROVED AS TO FORM & LANGUAGE & FOR EXECUTIOt'~ //~ v byAttomey ~ OFFICE OF THE MAYOR & COMMISSION CITY OF MIAMIOOlt~tDI8 MilO: 22 INTEROFFICE MEMORANDUM ,-' I ; 'i~. ~ TO: LAWRENCE LEVY aTY MANAGER NEISEN KA'mIN \ i- MAYOR ~ FROM: SUBJECT: RESOLUTION IN SUPPOR T OF COMMISSIONER BARREIRO'S AMENDMENT TO THE ROADWAY IMPACT FEE ORDINANCE DATE: 05/18/00 Commissioner Barreiro is sponsoring the attached amendment to the current roadway impact fee ordinance, which will expand the allowable uses of the fees. This amendment will permit the City of Miami Beach to use the funds for improvements to our local roads in addition to arterial and collector roads. Please place a resolution in support of the ordinance on the May 24 City Commission agenda for consideration by the Commission. A time certain for this item would be greatly appreciated, as Commissioner Barreiro would like to attend. ( MEMORANDUM Agenda Item No. 13 ( I ) TO: Hon. Chairperson and Members Board of County Commissioners DATE: May 23, 2000 FROM: Robert A. Ginsburg County Attorney SUBJECT: Ordinance relating to road impact fee expenditures for certain local roads The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Bruno A. Barreiro. ( Rf1'~~ County Attorney RAGlbw ( Aporoved Veto Mavor Agenda Item No. 13(I) 5-23-00 Override ORDINANCE NO. ORDINANCE RELATING TO EXPENDITURES OF ROAD IMPACT FEE TRUST FUNDS; AMENDING SECTIONS 33E-5 AND 33E-12 OF THE CODE OF MIAMI-DADE COUNTY AND ORDINANCE NO. 89-47, AS AMENDED (MIAMI-DADE COUNTY ROAD IMPACT FEE MANUAL); REDEFINING ROADWAY IMPROVEMENTS TO CLARIFY ELEMENTS PERMITTED TO BE FUNDED WITH ROAD IMPACT FEES; ALLOWING IMPROVEMENTS TO LOCAL ROADS IN ANY BENEFIT DISTRICT AFTER FUNDING FOR ALL PROGRAMMED ARTERIAL AND COLLECTOR ROADWAY CAPACITY NEEDS IS IDENTIFIED AND ENCUMBERED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Section 33E-5 of the Code of Miami-Dade County is hereby amended as follows: Section 33E-5. Definitions * * * (q) Roadway capacity improvement or roadway improvement means [[prclim.inary cngineering, dC:Jign :Jtudic:J, land 3urveY:J, cngineering, right of ~ay acqui:Jition (off 3i te) , permitting, con:Jtruction, and in:Jtallation and/or m.odification for off:Jitc artcrial and collector road....ay proj cct:J incorporating the follo'.dng:]] >>any roadwa element which will vehi ovemen rease corri e followin c red as roadway capacity improvements:<< (1) Thru lanes; Words stricken through and/or [[double bracketed]] shall be deleted. Underscored words and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in-efIect and remain unchanged. ~ Agenda Item No. 13(I) Page 3 associated with the construction of any of the aforementioned roadway elements. Expenditures for all such improvements shall be in accordance with Section 33E-12 and implementinq provisions of the Road Impact Fee Manual.<< Section 33E-12. Impact Fee Expenditures * * * Highest priority for impact fee trust account expenditures shall be for roadway improvements deemed by the Miami-Dade County Planning organization (MPO) as most needed to serve new development. Such determination by the MPO shall consider recommendations from a Joint County/Municipal staff Committee as provided for in the Miami-Dade Road Impact Fee Manual. This recommendation is not limited to only County or State roadways, but may include municipal roads# .,prnv;r'!od. E:\:lea J::oll.dwo.y~ :meet th.e definitiuu vi '-ullect~r- ~. _L~Q~i.l re_JNay.. >>Before funds can be allocated or expended for any capacity enhancement proiects on local roads within anyone Road Impact Fee District, fundinq for all programmed capacity needs for County arterial and collector roadways, and municipal collector roadways, within said District must have been identified and encumbered. as determined by the Miami- Dade County Public Works Director.<< Trust account funds shall be deemed expended in the order in which they are collected. Policies to be used in scheduling the expenditure of impact fee trust funds through the Long Range Transportation Plan and Short Range Transportation Improvement Program shall be set forth in the Impact Fee Manual. >>The County may construct or provide any of the roadway improvement elements listed above or alternatively may contract with a municipality to construct or provide such elements with road impact fees.<< ......- -S Agenda Item No. 13(1) Page 5 [[~.]] g. Resurfacing of existing [[arterial]] roadways including planning and removal of existing paved surfaces where such improvements will enhance the roadway capacity and service level; and [[j.]] h. Other structural improvements shown by specific studies to enhance roadway capacity. [[The following ~hall not be con3idercd road~ay capacity improvement;] for pUrp03e;] of thi~ ordinance: (a) improvement3 to local ~treet3; (b) improvemcnt~ to collector road~aYD that provide traffic circulation within propo3cd dcvelopment3 and (c) all roadway maintenance activitie~.]] >>In addition,the following roadwav elements shall also be considered roadway capacity improvements when undertaken as components of a complete roadway proiect: (1) Curbs, medians, shoulders, stripinq. and traffic siqnaqe; ( 2 ) utility relocation; and ( 3 ) Soddinq and tree plantinq. Furthermore. the followinq activities: preliminary enoineerino, desiqn studies, land surveys, enqineering design, right-of-way acquisition, and permitting. shall also be construed as roadway capacity improvements when associated with the construction of any of the aforementioned roadway elements. Expenditures for all such improvements shall be in accordance with Section 33E-12 and implementinq provisions of the Road Impact Fee Manual.<< XI. IMPACT FEE TRUST ACCOUNT EXPENDITURES * * * B. Highest priority for impact fee trust account expenditures shall be for roadway improvements deemed by the Miami-Dade County Planning organization (hereinafter referred to as the MPO) as most needed to serve development. Such determination by the MPO shall 7 / Agenda Item No. 13(1) Page 7 intention, and the word lIordinancell may be changed to IIsectionll, lIarticlell or other appropriate word. section 2 of this ordinance shall not be made a part of the Code. Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon on override by this Board. section 6. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: Approved by the County Attorney as To form and legal sufficiency. Prepared by: gM, -J I:, C' / J.fv t Sponsored by Commissioner Bruno A. Barreiro 9 OFFICE OF THE CITY A HORNEY ~tI~ll~ F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. + 1-0 -00 TO: Mayor Neisen O. Kasdin and DATE: May 24,2000 Members of the City Commission Murray H. Dubbint\ . .~V( City Attorney ~~ V\ 'JV" RESOLUTION SUPPORTING MIAMI-DADE COUNTY COMMISSIONER BRUNO A. BARREIRO'S PROPOSED AMENDMENT TO THE MIAMI- DADE COUNTY ROADWAY IMPACT FEE ORDINANCE WHICH WILL EXPAND THE ALLOWABLE USES OF ROADWAY IMPACT FEES FOR IMPROVEMENTS TO ROADS WITHIN THE CITY OF MIAMI BEACH. FROM: SUBJECT: Pursuant to a request by Mayor Neisen O. Kasdin, attached is a Resolution supporting a proposed amendment to the Miami-Dade County Roadway Impact Fee Ordinance which is sponsored by Miami-Dade County Commissioner Bruno A. Barreiro. cc: Lawrence A. Levy City Manager Agenda Item C I T 1700 Convention Center Drive -- Fourth Floor __ Mia) Date S-'24---0Q